SERVICE ADVISORY — Links in the archive are not maintained. In particular, the Federal Circuit debuted a completely overhauled website on July 16, 2010. As a result, older links to opinions and arguments may not work or may no longer link directly to the object. However, if a link here is not working properly, the search tools at the new Federal Circuit website should help you quickly locate what you are looking for.
June 2010
- Jun. 28, 2010: The Supreme Court granted certiorari in Henderson v. Shinseki. The grant is on page 3 of today's Supreme Court order sheet. The en banc Federal Circuit decision held that equitable tolling was not available for Notices of Appeal that were filed late with the CAVC. A decision on the merits will probably not issue until at least early next year.
- Jun. 23, 2010: New proposed rule issued: "Schedule for Rating Disabilities; Evaluation of Amyotrophic Lateral Sclerosis," 75 Fed. Reg. 35711 (Jun. 23, 2010). Download .pdf from the Developing Sources page.
- Jun. 18, 2010: The CAVC issued an opinion in Fournier v. Shinseki. [download .pdf]
- Jun. 15, 2010: The House held a hearing on "The State of the Veterans Benefits Administration." [link to House page for hearing]
- Jun. 11, 2010: The CAVC issued an opinion in Raugust v. Shinseki. [download .pdf]
- Jun. 10, 2010: The CAVC heard oral argument in Cullen v. Shinseki. [listen here]
- Jun. 9, 2010: The Federal Circuit heard oral argument in Jones v. Shinseki [listen here] and Hunt v. Shinseki [listen here].
- Jun. 9, 2010: The CAVC heard oral argument in Smith v. Shinseki. [listen here]
- Jun. 8, 2010: The Federal Circuit heard oral argument in Munro v. Shinseki. [listen here]
- Jun. 7, 2010: The Federal Circuit issued opinions in Roberson v. Shinseki [download .pdf] and Nielson v. Shinseki [download .pdf].
- Jun. 1, 2010: The Federal Circuit issued an opinion in Colantonio v. Shinseki. [download .pdf]
May 2010
- May 28, 2010: The CAVC issued an opinion in King v. Shinseki. [download .pdf]
- May 27, 2010: Yesterday, VA Secretary Shinseki sent a package of legislative proposals to Congress captioned as the "Veterans Benefit Programs Improvement Act of 2010." In particular, title II of the proposed bill contains several provisions that would affect the claims adjudication process. [download .pdf copy of the entire bill along with the transmission letters from Secretary Shinseki]
- May 26, 2010: Two new reports added to the Commission Reports & Independent Studies Page — Center for Naval Analysis, Qualitative Analysis of VBA Employee Work Credit and Work Management Systems (Nov. 2009) and Center for Naval Analysis, Recommendations for the VBA Employee Work Credit System (Nov. 2009).
- May 26, 2010: The CAVC heard oral argument in Hornick v. Shinseki. [listen here]
- May 21, 2010: New article added to the Article Index page, Miguel F. Eaton et al., A Review of Recent Decisions of the United States Court of Appeals for the Federal Circuit: Ten Federal Circuit Cases from 2009 that Veterans Benefits Attorneys Should Know, 59 Am. U. L. Rev. 1155 (2010).
- May 20, 2010: The Federal Circuit issued a decision in Gaston v. Shinseki. [download here]
- May 17, 2010: A new Independent Budget archive page has been added. Reports back to FY2007 are available and further years will be added as soon as they can be digitized.
- May 13, 2010: VA's Compensation and Pension service recently released Training Letter 10-03, "Environmental Hazards in Iraq, Afghanistan, and Other Military Installations." The 25-page letter details information about known exposure possibilities, appropriate adjudication procedures, and relevant notices to provide to physicians providing opinions regarding the circumstances and nature of the exposures discussed. [download MS Word version]
- May 13, 2010: The CAVC heard oral argument in Patrick v. Shinseki. [listen here].
- May 6, 2010: House hearing: Quality vs. Quantity: Examining the Veterans Benefits Administration's Employee Work Credit and Management Systems. Testimony available here.
- May 5, 2010: Senate hearing: TBI - Progress in Treating the Signature Wound of the Current Conflicts. Testimony available here.
- May 5, 2010: New GAO reports released and available on the GAO Reports page: No. GAO-10-658T, Progress and Challenges in Conducting the National Vietnam Veterans Longtitudinal Study (May 5, 2010) and No. GAO-10-578R, Status of VA's Approach in Conducting the National Vietnam Veterans Longitudinal Study (May 5, 2010).
- May 5, 2010: House hearing: Health Effects of the Vietnam War — The Aftermath. Testimony available here.
- May 3, 2010: The Federal Circuit heard oral argument in Nielson v. Shinseki [listen here], Gardin v. Shinseki [listen here], and Perez-Burgos v. Shinseki [listen here].
April 2010
- Apr. 30, 2010: New GAO report released: No. 10-445, Expanded Oversight Would Improve Training for Experienced Claims Processors (Apr. 30, 2010). Download a copy from the GAO Reports page.
- Apr. 29, 2010: The CAVC heard oral argumentn in Sperry v. Shinseki. [listen here]
- Apr. 29, 2010: Veterans Law Review articles are now available on Westlaw and the second issue is also available on the VLR website. Download links for articles from the second issue have been added to the Article Index page.
- Apr. 27, 2010: The Federal Circuit issued a decision in Guillory v. Shinseki. [download .pdf]
- Apr. 27, 2010: The CAVC heard oral argument in Donnellan v. Shinseki. [listen here]
- Apr. 23, 2010: The Federal Circuit issued a decision in Butler v. Shinseki. [download .pdf]
- Apr. 23, 2010: The CAVC issued an en banc decision in Roberts v. Shinseki. [download .pdf]
- Apr. 23, 2010: The CAVC issued a decision in Posey v. Shinseki. [download .pdf]
- Apr. 23, 2010: New article added to the Article Index page — Michael Waterstone, Returning Veterans and Disability Law, 85 Notre Dame L. Rev. 1081 (2010).
- Apr. 19, 2010: The Federal Circuit issued a decision in Arzio v. Shinseki. [download .pdf]
- Apr. 13, 2010: CAVC heard oral argument in Raugust v. Shinseki. [listen here]
- Apr. 8, 2010: New article added to the Article Index page — Jacob B. Natwick, Note, Unreasonable Delay at the VA: Why Federal District Courts Should Intervene and Remedy Five-Year Delays in Veterans' Mental-Health Benefits Appeals, 95 Iowa L. Rev. 723 (2010). [click here]
- Apr. 7, 2010: The Federal Circuit heard oral argument in Preminger v. VA. [listen here]
- Apr. 6, 2010: Federal Circuit decision in Waters v. Shinseki. [click here]
- Apr. 6, 2010: The Federal Circuit heard oral argument in Gaston v. Shinseki [listen here] and Robinson v. Shinseki [listen here].
March 2010
- Mar. 31, 2010: New article added to the Article Index page — Benjamin W. Wright, The Potential Repercussions of Denying Disabled Veterans the Freedom to Hire an Attorney, 19 Fed. Cir. B.J. 433 (2009) [click here]
- Mar. 31, 2010: The CAVC issued a decision in Hickson v. Shinseki. [download .pdf]
- Mar. 29, 2010: The CAVC issued a decision in Singleton v. Shinseki. [download .pdf]
- Mar. 25, 2010: New Federal Register posting added to the Developing Sources page — Diseases Associated With Exposure to Certain Herbicide Agents (Hairy Cell Leukemia and Other Chronic B Cell Leukemias,Parkinson's Disease and Ischemic Heart Disease), 75 Fed. Reg. 14391 (Mar. 25, 2010) [Developing Sources page]
- Mar. 24, 2010: The CAVC issued a decision in Jones v. Shinseki. [download .pdf]
- Mar. 24, 2010: Federal Circuit decision in Bastien v. Shinseki. Don't overlook J. Newman's dissent. [click here]
- Mar. 24, 2010: New entry added to the GAO Reports page: No. 10-530T, VA Has Improved Its Programs for Measuring Accuracy and Consistency, but Challenges Remain (Mar. 24, 2010).
- Mar. 19, 2010: The CAVC issued a decision in Rickett v. Shinseki. [download .pdf]
- Mar. 18, 2010: New Federal Register Posting added to the Developing Sources Page and the Gulf War Illness Page — Presumptions of Service Connection for Persian Gulf Service, 75 Fed.Reg. 13051 (Mar. 18, 2010) [Developing Sources page] [Gulf War Illness page]
- Mar. 18, 2010: New report added to VA Office of Inspector General list — Audit of VA's Efforts To Provide Timely Compensation and Pension Medical Examinations, Report Number 09-02135-107, Mar. 17, 2010 [VAOIG report page]
- Mar. 18, 2010: The BVA Chairman's Annual Report for FY2009 has been released and added. [BVA Chairman's Annual Report page].
- Mar. 12, 2010: The second issue of the Veterans Law Review has been published. Nine articles and notes have been added to the Article Index page. Links will be added as soon as the articles are online.
- Mar. 10, 2010: Two new reports added to the Commission Reports page: Center for Naval Analysis, First Interim Evaluation of Individual Claimant Checklist Pilot Program (Aug. 2009) and Center for Naval Analysis, Interim Evaluation of Fully Developed Claims Pilot Program (Aug. 2009) [Commission Report page]
- Mar. 4, 2010: The Federal Circuit heard oral argument in Arzio v. Shinseki, [listen here], Dawson v. Shinseki [listen here], and Bullock v. Shinseki [listen here].
- Mar. 3, 2010: The CAVC issued an en banc decision in Ortiz v. Shinseki [download .pdf]
- Mar. 2, 2010: The Federal Circuit heard oral argument in Roberson v. Shinseki [listen here].
- Mar. 1, 2010: The Federal Circuit heard oral argument in Del Rosario v. Shinseki [listen here] and Waters v. Shinseki [listen here].
February 2010
- Feb. 25, 2010: The veteran in Henderson v. Shinseki, has filed a petition to have the Supreme Court review the Federal Circuit's Dec. 17, 2009, en banc decision, which overruled its prior decisions in Bailey and Jaquay. [download the petition]
- Feb. 24, 2010: New report added to the Commission Report page — Booz, Allen, Hamilton, Veterans Benefits Administration Compensation and Pension Claims Development Cycle Study (June 5, 2009) [Commission Report page]
- Feb. 22, 2010: New report added to VA Office of Inspector General list — Veterans Benefits Administration Review of New Hire Productivity and the American Recovery and Reinvestment Act Hiring Initiative, Report Number 09-01814-85, Feb. 18, 2010 [VAOIG report page]
- Feb. 22, 2010: New Federal Register Posting added to the Developing Sources Page — Notice of Information and Evidence Necessary to Substantiate Claim, 74 Fed. Reg. 65702 (Dec. 11, 2009) [Developing Sources page]
- Feb. 22, 2010: Two new books added to the Book Index — Wilbur J. Scott, Vietnam Veterans Since the War: The Politics of PTSD, Agent Orange, and the National Memorial (2nd ed. 2004) and Davis R. B. Ross, Preparing for Ulysses: Politics and Veterans During World War II (1969) [Book index]
- Feb. 15, 2010: The American Psychiatric Association has released a public draft of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-V). Although the final version is not scheduled to be issued until May 2013, the new edition could affect the adjudication of mental disability claims by changing the criteria for diagnosing various conditions. For more information, [click here for the DSM-V home page].
- Feb. 10, 2010: New specialized pages collecting authorities relating to PTSD claims, Gulf War Illnesses claims, and claims related to Agent >Orange. A page has also been added for useful links.
- Feb. 10, 2010: New entry added to the Law Review Article Index — Thomas J. Reed, Parallel Lines Never Meet: Why the Military Disability Retirement and Veterans Affairs Department Claim Adjudication Systems are a Failure, 19 Widener L.J. 57 (2009).
- Feb. 4, 2010: House Hearing on the Implementation and Status Update on the Veterans' Benefits Improvement Act, P.L. 110-389 added to the [House Hearings page].
- Feb. 3, 2010: The Independent Budget group of veterans service organizations has released its annual report and proposed FY 2011 budget for VA. Download the full .pdf from the [Secondary Sources page].
- Feb. 3, 2010: Federal Circuit heard oral argument in Santos v. Shinseki [listen here].
- Feb. 2, 2010: Federal Circuit heard oral argument in Snyder v. Shinseki [listen here].
- Feb. 1, 2010: Federal Circuit heard oral argument in Lawson v. Shinseki [listen here].
- Feb. 1, 2010: New entry added to the Law Review Article Index — Craig M. Kabatchnick, The TBI Impact: The Truth about Traumatic Brain Injuries and their Indeterminate Effects on Elderly, Minority, and Female Veterans of All Wars, 11 Marquette Elder's Advisor L.J. 81 (2009).
January 2010
- Jan. 29, 2010: New GAO report released: No. 10-213, Further Evaluation of Ongoing Initiatives Could Help Identify Effective Approaches for Improving Claims Processing available on the [GAO Reports page].
- Jan. 26, 2010: CAVC heard oral argument in Breedlove v. Shinseki [listen here].
- Jan. 21, 2010: CAVC decision in Johnson v. Shinseki [click here].
- Jan. 20, 2010: CAVC precedential EAJA order in Padgett v. Shinseki posted [click here].
- Jan. 15, 2010: CAVC decision in Kyhn v. Shinseki [click here].
- Jan. 14, 2010: Information on the Veterans for Common Sense lawsuit has been added to the Case Law page, including audio of the oral argument at the United States Court of Appeals for the Ninth Circuit.
- Jan. 14, 2010: CAVC heard oral argument in Fournier v. Shinseki [listen here].
- Jan. 14, 2010: New entry added to the Law Review Article Index — Jennifer C. Schingle, A Disparate Impact on Female Veterans: The Unintended Consequences of Veterans Regulations Governing the Burdens of Proof for Post-Traumatic Stress Disorder Due to Combat and Military Sexual Trauma, 16 Wm. & Mary J. Women & L. 155 (2009).
- Jan. 13, 2010: CAVC heard oral argument in Chandler v. Shinseki [listen here].
- Jan. 12, 2010: CAVC heard oral argument in Rickett v. Shinseki [listen here].
- UPCOMING CONGRESSIONAL HEARINGS: VA will present its budget request for FY2011 and FY2012 on February 4, 2010, followed by several presentations from major veterans groups over the next few weeks exploring their priorities for the next two years. For a complete schedule and links to watch the hearings online, visit the Senate's hearings page and the House's >hearing page.
- Jan. 10, 2010: An index to the transcripts of all the CAVC Judicial Conferences has been added to the Secondary Sources section [here].
- Jan. 7, 2010: Federal Circuit heard oral argument in Bastien v. Shinseki [listen here].
- Jan. 4, 2010: Federal Circuit decision in Golz v. Shinseki [click here].
December 2009
- Dec. 30, 2009: No. 10-62, Analysis of VA Compensation Levels for Survivors of Veterans and Servicemembers (Nov. 13, 2009) added to GAO Reports page.
- Dec. 18, 2009: New Proposed Rule: Board of Veterans' Appeals: Remand or Referral for Further Action; Notification of Evidence Secured by the Board and Opportunity for Response. You can download the full Federal Register posting at the Developing Sources page [here].
- Dec. 17, 2009: En banc Federal Circuit opinion in Henderson v. Shinseki, overruling its prior decisions in Bailey and Jaquay [click here].
- Dec. 11, 2009: Transcripts of selected House hearings from the 109th Congress have been added. You can view them [here].
- Dec. 10, 2009: All of the download links on the GAO report page should now be active. You can view them [here].
- Dec. 10, 2009: The Federal Circuit heard oral argument in Orena v. Shinseki [listen here], and De Ramos v. Shinseki [listen here].
- UPCOMING CONFERENCE — Mar. 4-5, 2010: CAVC's 11th Judicial Conference. The featured speaker will be retired Justice Sandra Day O'Connor. For more information, click [click here]. [NEW — Conference Program available [here].
November 2009
- Nov. 26, 2009: Federal Circuit decision in Charles v. Shinseki [click here].
- Nov. 25, 2009: CAVC decision in Hood v. Shinseki [click here].
- Nov. 25, 2009: Federal Circuit decision in Jackson v. Shinseki [click here].
- Nov. 20, 2009: CAVC decision in Segers v. Shinseki [click here].
- Nov. 12, 2009: VA proposed a new rule regarding "Claim-Related Documents or Supporting Evidence Not of Record." For more information, see the Developing Sources page.
October 2009
- Oct. 2009: The Independent Budget group released its "Critical Issues for FY2011." For more information, see the Secondary Sources page.